The great fraud of Ulster

by T. M. Healy

Adjoining Tyrone lay the territories of O’Donnell, Earl of Tirconnell, who had been O’Neill’s ally in the wars. The fisheries of Lough Foyle were almost as valuable as those of the Bann; and naturally O’Donnell also fell under the Deputy’s displeasure. Another ex-rebel, Lord Maguire, owned Fermanagh and swept Lough Erne. There were sub-chiefs besides, equally obnoxious by reason of their possessions. That such owners, who, despite their fluent Latin and Shakesperian English, used the Irish tongue and practised Popery, should be allowed to breathe in their own land was an evident danger to the State. Wherefore Chichester poured into the King’s ear, via Cecil, the leprous distilment of his greed. No overt act could be suggested against the Ulster lords. Their circumspection, after being pardoned and reinstated, was proportioned to their knowledge of the Deputy’s unscrupulousness. Chichester boasted that a dog could not bark in the North without his hearing of it, and this was not mere brag. Sheriffs, under-sheriffs, escheators, inquisitors, surveyors, mapsmen, tax-collectors, and tithe-collectors infested the Province. Kinsmen of the beaten chiefs who, in the hope of sharing their estates, had taken the English side, were watchful correspondents of Dublin Castle. When James succeeded Elizabeth, her officers in local forts supplied the necessary rumours of warlike preparations or Spanish descents for London consumption to further the plans of the landsharks.

Once Chichester was firm in the saddle he resolved, a month after Hamilton conveyed to him the fisheries and territories under the Patent of the 14th February, 1606, to take over also from him one-fourth of the tidal Bann. This he did by assignment of the 14th March, 1606. The “fourth” belonged to Sir Randal MacDonnell, under a Patent of 1603; and the Deputy spent himself in expedients to secure a colour of title for it. He kept the transfer secret until he could invent a device for “legally” relieving MacDonnell of his rights and set on Hamilton, with the help of Captain Phillips, to assail Sir Randal’s Patent by a suit in the “Castle Chamber” before himself. All this was done within three years of the grants to O’Neill and MacDonnell, when they must have been fresh in the mind of every official.

The Bann Patents to “the Scot” (under way to Chichester) wronged one or more of at least four persons. On the Antrim side the river belonged partly to Sir Randal MacDonnell and partly to the Bishop of Down and Connor; on the Derry side to the Bishop of Derry and Hugh O’Neill. The fishing rights of the Bishops were so well-established that when the Reverend George Montgomery received the See of Derry later on, his share in the Bann was admitted by the Deputy, in spite of the adverse Patents he had sanctioned. These grants, therefore, transferred the property of two Bishops and two chieftains to a Scotch interloper on a spent warrant by a secret process. To prevent the facts being unravelled, they were complicated by a tangle of technicality.

Throughout the first half of Sir Arthur’s sway, Cecil was Secretary of State. While he lived the Deputy’s position was unshakable. Chichester called him his “saint,” and reverently worshipped at his shrine. Still, even the hunchback saint’s protection could not wholly screen him from danger. He knew that the underground Patents were mere parchment so long as the true owners were left in possession of their domains. To assert them publicly, when no legal forfeiture or escheat had taken place, would give rise to scandal. An appeal to the King must ensue, and the exposure might end in disaster. He, therefore, resolved to fasten the brand of “traitor” on those whose title he had sapped by subterranean conveyances.

An ecclesiastical accomplice was convenient for this work, in view of the “flagrant zeal” for Protestantism affected by James I. Hamilton had helped to get promotion for the Reverend George Montgomery—with whose brother he had partitioned Sir Con O’Neill’s estate. That divine was advanced from a Court chaplaincy to the See of Derry, but was loath to risk himself in a troubled diocese. For this he was chidden by Attorney-General Davies, who wished him to come over and preach the Gospel to the clans and chiefs in course of despoilment, so that their distresses might be cheered by the consolations of the new evangel. Three years flew by before the prelate could be persuaded to venture into Erin. When he came he began his mission by a severe survey of the temporalities of the diocese. The richest part of it, the City of Derry, was a gift from the O’Dohertys to Queen Elizabeth, but it also included large areas within O’Neill’s jurisdiction. The devoted Bishop was, therefore, set on to dispute with the Earl the nature and extent of the Church lands in his See. These having heretofore been dedicated to Catholic uses, it is possible that O’Neill was not speedy enough in handing them over to help the spread of Lutheranism.

Nor was the business free from local complications. Before County Derry was shired, it formed part of Tyrone, but lay under the chiefry of the O’Cahans. That sept paid tribute to the O’Neills; and Bishop Montgomery soon learnt of Sir Donal O’Cahan’s desire to be freed from contribution to the Earl of Tyrone. O’Cahan was married to O’Neill’s sister, and had joined him in the wars; but Chichester and Docwra, to end the struggle, tempted him to take the Queen’s side by a promise to relieve him from tribute to O’Neill and grant him his lands in fee simple.

O’Cahan’s acceptance of this offer, and the breach of the bargain, led to consequences that have furrowed deep tracks in Ulster history. Hardly had the compact between him and Docwra in 1602 been concluded than O’Neill was also persuaded to cease insurgency. The Earl yielded upon a guarantee that his estate should be restored intact, and thus the undertakings to chief and sub-chief were wholly repugnant to one another. The treaty with O’Neill was signed on behalf of the Crown, that with O’Cahan on behalf of Chichester. State policy compelled the breach of one or other. For, when Elizabeth lay dying in March, 1603, the Lord Lieutenant thought it good to promise O’Neill pardon ere the Scotch King, with whom the Irish were in amity, ascended the united Thrones. O’Neill accepted conditions, knowing of the offer to O’Cahan, but not of the Queen’s death-sickness. He refused at first to parley, because a re-grant of his territory with undiminished rights was denied. The Lord Lieutenant, though loath to concede such terms, feared that, if the news of the accession of James I. reached Ulster before peace was concluded, O’Neill would surrender voluntarily, and so win grace with the new King. He, therefore, ordered Sir Garrett Moore and Sir William Godolphin to confer a second time with him, and to agree to all he asked. A treaty embodying the bargain was signed at Mellifont; and, when O’Neill afterwards visited England, a King’s Letter for Tyrone was handed to him. He returned in triumph in September, 1603, having had all his claims and those of his family honourably met at Court.

Naturally O’Cahan chafed at the breach of faith with himself; but, for the three years during which Devonshire survived, the arrangement with O’Neill—in spite of protests by Chichester—was respected. The death of Devonshire wrought a complete change of spirit. The new Deputy encouraged Montgomery to support O’Cahan, in order to curb O’Neill’s power and clip his acres. The Bishop first stipulated with Sir Donal that the Church should enjoy such lands as he selected in Derry, and then promised that O’Neill’s suzerainty, with its burdensome tribute of £200 a year, should be done away with. In edifying epistles to Cecil the prelate enlarged on the advantage which would accrue to religion from this scheme, and he backed up O’Cahan in his refusal to pay rent to O’Neill. The contract between the overlord and his vassal had been written down by the Brehons in clear Gaelic; but at Devonshire’s death O’Cahan disowned it, hoping to revive his peace-treaty with Chichester. Little did Sir Donal suspect that both Deputy and Bishop were using him as a pawn, or foresee the dire results that were to follow from his upsetting the decree of the Brehons.

CHAPTER VII.
CHIEFTAIN AND VASSAL.

O’Neill, seeing his brother-in-law fall under evil influences, tried to enforce payment of his rent by “distress.” In 1606 he resumed possession from O’Cahan of the fishery of the Bann, and took a prey of his cattle. This dispute was greedily welcomed by the enemies of the chiefs. O’Cahan lodged a protest with “the State” against the seizures; and O’Neill, although the King gave him sovereign control in his territory, was cited to appear before the Privy Council in Dublin to answer Sir Donal’s complaint. A splendid opening for the spread of the Gospel loomed in sight of the “reformers.”